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Consent (criminal Law)
In criminal law, consent may be used as an excuse and prevent the defendant from incurring liability for what was done. Defenses against criminal liability A defense against criminal liability may arise when a defendant can argue that, because of consent, there was no crime (e.g., arguing that permission was given to use an automobile, so it was not theft or taken without owner's consent). But public policy requires courts to lay down limits on the extent to which citizens are allowed to consent or are to be bound by apparent consent given. As an application of '' parens patriae'', for example, minors cannot consent to having sexual intercourse under a specified age even though the particular instance of statutory rape might be a "victimless" offense. In the case of adults, there are similar limits imposed on their capacity where the state deems the issue to be of sufficient significance. Thus, for example, an individual domiciled in a common law state cannot give conse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Law
Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal law is established by statute, which is to say that the laws are enacted by a legislature. Criminal law includes the punishment and Rehabilitation (penology), rehabilitation of people who violate such laws. Criminal law varies according to jurisdiction, and differs from Civil law (common law), civil law, where emphasis is more on dispute resolution and victim compensation, rather than on punishment or Rehabilitation (penology), rehabilitation. Criminal procedure is a formalized official activity that authenticates the fact of commission of a crime and authorizes punitive or rehabilitative treatment of the Criminal, offender. History The first Civilization, civilizations generally did not distinguish between Civil law (area), civil law and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Boxing
Boxing is a combat sport and martial art. Taking place in a boxing ring, it involves two people – usually wearing protective equipment, such as boxing glove, protective gloves, hand wraps, and mouthguards – throwing Punch (combat), punches at each other for a predetermined amount of time. Although the term "boxing" is commonly attributed to western boxing, in which only fists are involved, it has developed in different ways in different geographical areas and cultures of the World. In global terms, "boxing" today is also a set of combat sports focused on Strike (attack), striking, in which two opponents face each other in a fight using at least their fists, and possibly involving other actions, such as kicks, Elbow (strike), elbow strikes, Knee (strike), knee strikes, and headbutts, depending on the rules. Some of these variants are the bare-knuckle boxing, kickboxing, Muay Thai, Lethwei, savate, and Sanda (sport), sanda. Boxing techniques have been incorporated into many ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contact Sports
A contact sport is any sport where physical contact between competitors, or their environment, is an integral part of the game. For example, gridiron football. Contact may come about as the result of intentional or incidental actions by the players in the course of play. This is in contrast to noncontact sports where players often have no opportunity to make contact with each other and the laws of the game may expressly forbid contact. In contact sports some forms of contact are encouraged as a critical aspect of the game such as tackling, while others are incidental such as when shielding the ball or contesting an aerial challenge. As the types of contact between players is not equal between all sports they define the types of contact that is deemed acceptable and fall within the laws of the game, while outlawing other types of physical contact that might be considered expressly dangerous or risky such as a high tackle or spear tackle, or against the spirit of the game such as s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hawkins' Pleas Of The Crown
''A Treatise of Pleas of the Crown; or, a system of the principal matters relating to that subject, digested under proper heads'' (or ''Pleas of the Crown'' for short), is an influential treatise on the criminal law of England, written by William Hawkins, serjeant-at-law, and later edited by John Curwood, barrister. It was first published in 1716 and went through eight editions, the last of which was published in 1824. It is often cited as "Hawk.P.C." or some similar variation on this. In 1847, John Gage Marvin said: In 1925, Percy Henry Winfield said: "In his preface, Hawkins, after a panegyric on the existing criminal law which staggers any modern lawyer accustomed to something less brutal, points out the imperfections of previous attempts to expound it, and states his own object to be the reduction of all the laws relating to it under one scheme. His first book deals with crimes, his second with the manner of bringing criminals to punishment. The work, as a whole, is ve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fraud
In law, fraud is intent (law), intentional deception to deprive a victim of a legal right or to gain from a victim unlawfully or unfairly. Fraud can violate Civil law (common law), civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, such as obtaining a passport, travel document, or driver's licence. In cases of mortgage fraud, the perpetrator may attempt to qualify for a mortgage by way of false statements. Terminology Fraud can be defined as either a civil wrong or a criminal act. For civil fraud, a government agency or person or entity harmed by fraud may bring litigation to stop the fraud, seek monetary damages, or both. For cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deception
Deception is the act of convincing of one or many recipients of untrue information. The person creating the deception knows it to be false while the receiver of the information does not. It is often done for personal gain or advantage. Tort of deceit, Deceit and dishonesty can also form grounds for civil litigation in tort, or contract law (where it is known as misrepresentation or fraudulent misrepresentation if deliberate), or give rise to criminal prosecution for fraud. Types Communication The Interpersonal deception theory, Interpersonal Deception Theory explores the interrelation between communicative context and sender and receiver cognitions and behaviors in deceptive exchanges. Some forms of deception include: * Lies: making up information or giving information that is the opposite or very different from the truth. * Equivocations: making an indirect, ambiguous, or contradictory statement. * Lying by omission, Concealments: omitting information that is important o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Misrepresentation
In common law jurisdictions, a misrepresentation is a False statements of fact, false or misleading''Royal Mail Case, R v Kylsant'' [1931] Question of law, statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The misled party may normally rescind the contract, and sometimes may be awarded damages as well (or instead of rescission). The law of misrepresentation is an amalgam of contract and tort; and its sources are common law, equity and statute. In England and Wales, the common law was amended by the Misrepresentation Act 1967. The general principle of misrepresentation has been adopted by the United States and other former British colonies, e.g. India. Representation and contract terms A "representation" is a pre-contractual statement made during negotiations. If a representation has been incorporated into the contract as a Contractual term, term, then the normal remedies for breach of contra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actus Reus
In criminal law, ''actus reus'' (; : ''actus rei''), Latin for "guilty act", is one of the elements normally required to prove commission of a crime in common law jurisdictions, the other being ("guilty mind"). In the United States, it is sometimes called the '' external element'' or the ''objective element'' of a crime. Etymology The terms ''actus reus'' and ''mens rea'' developed in English Law are derived from a principle stated by Edward Coke, namely, ''actus non facit reum nisi mens sit rea'', which means: "an act does not make a person guilty unless (their) mind is also guilty"; hence, the general test of guilt is one that requires proof of fault, culpability or blameworthiness both in thought and action. Act In order for an ''actus reus'' to be committed there has to have been an act. Various common law jurisdictions define act differently but generally, an act is a "bodily movement whether voluntary or involuntary." In '' Robinson v. California'', , the U.S. Supreme C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Wife
A wife (: wives) is a woman in a marital relationship. A woman who has separated from her partner continues to be a wife until their marriage is legally dissolved with a divorce judgment; or until death, depending on the kind of marriage. On the death of her partner, a wife is referred to as a widow. The rights and obligations of a wife to her partner and her status in the community and law vary between cultures and have varied over time. Etymology The word is of Germanic origin from the Proto-Germanic word ''wībam'', which translates into "woman". In Middle English, it had the form ''wif'', and in Old English ''wīf'', "woman or wife". It is related to Modern German ''Weib'' (woman, female), Danish ''viv'' (wife, usually poetic), and Dutch ''wijf'' (woman, generally pejorative, cf. ''bitch''). The original meaning of the phrase "wife" as simply "woman", unconnected with marriage or a husband/wife, is preserved in words such as "midwife", "goodwife", " fishwife" and " sp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Marriage
Marriage, also called matrimony or wedlock, is a culturally and often legally recognised union between people called spouses. It establishes rights and obligations between them, as well as between them and their children (if any), and between them and their Affinity (law), in-laws. It is nearly a cultural universal, but the definition of marriage varies between cultures and religions, and over time. Typically, it is an institution in which interpersonal relationships, usually sexual, are acknowledged or sanctioned. In some cultures, marriage is recommended or considered to be Premarital sex, compulsory before pursuing sexual activity. A marriage ceremony is called a wedding, while a private marriage is sometimes called an elopement. Around the world, there has been a general trend towards ensuring Women's rights, equal rights for women and ending discrimination and harassment against couples who are Interethnic marriage, interethnic, Interracial marriage, interracial, In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Violence
Violence is characterized as the use of physical force by humans to cause harm to other living beings, or property, such as pain, injury, disablement, death, damage and destruction. The World Health Organization (WHO) defines violence as "the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, which either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment, or deprivation"; it recognizes the need to include violence not resulting in injury or death. Categories The World Health Organization (WHO) divides violence into three broad categories: self-directed, interpersonal, and collective. This categorization differentiates between violence inflicted to and by oneself, by another individual or a small group, and by larger groups such as states. Alternatively, violence can primarily be classified as either instrumental or hostile. Self-in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
